Response to a claim for debt collection under a credit agreement

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Response to a claim for debt collection under a credit agreement

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A response is a procedural document that the defendant prepares and submits to protect his rights and interests in the dispute with the plaintiff.

Exercising his rights, the defendant submits to the court a response to the statement of claim filed by the plaintiff. The response to the claim for debt collection under the credit agreement gives the defendant the opportunity to state his legal position regarding the claimant's claims.

The purpose of the response is to deny or challenge the claims, to justify the plaintiff's lack of grounds to satisfy the claim.

A response to a claim is an important tool for protecting the rights and legal interests of the defendant. The defendant must carefully prepare a response, presenting all the necessary evidence and arguments to the court. This stage is considered key in ensuring a fair and reasonable resolution of the court case. It is important that the response includes all the necessary information that may affect the outcome of the case and the effectiveness of defending the defendant's rights.

 

What must be indicated in the response to the claim?

When submitting a response to a claim, the defendant must state:

  • surname, first name and case number of the plaintiff;
  • full data of the defendant - name, address, identification code, contacts;
  • claims of the plaintiff recognized by the defendant, if any;
  • the circumstances of the case with which the defendant agrees;
  • objections to the plaintiff's position and relevant evidence;
  • list of attached documents and evidence;
  • objections to the plaintiff's legal costs;
  • approximate calculation of own court costs.

What is added to the review?

Along with the response, the defendant submits:

  • Evidence to confirm your position;
  • Documents on sending copies of the response and evidence to other participants in the case.

The defendant must justify his position and confirm compliance with the procedural requirements for sending copies.

Importantly! The defendant must send copies of the response and the attached documents to other participants in the court process on the same day when he submits the response to the court. This is necessary to comply with the principle of equality of the parties and to provide an opportunity to get acquainted with the position of the defendant at the same time as the court.

 

Who can sign the submitted review?

  • If the defendant is a natural person, the response is signed by him personally or by his representative under a power of attorney or by law.
  • If the defendant is a legal entity, the response is signed by the head or other authorized person or representative of the legal entity.

According to the procedural legislation, the response can be signed either by the defendant himself or by his representative in court.

Importantly! If the response is signed by a representative of the defendant, a document confirming the authority of this representative (power of attorney, appointment order, etc.) is attached to the response.

Deadlines for submission of feedback

The defendant must file a response within the period established by the court, but not less than 15 days after receiving the decision to open proceedings. The court determines the term taking into account the time needed to prepare the response and evidence.

Legal assistance

The lawyers of the company "Prykhodko and partners" will help with the preparation of a high-quality response to the lawsuit, complying with all the requirements of the law. By contacting us, you get the maximum protection of your interests.

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